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On The Legal Liability Of Copyright Infringement Of Cloud Computing Service Provider

Posted on:2016-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:W WangFull Text:PDF
GTID:2296330479485281Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
As a master in the development of Internet technology, cloud computing reconstructs information sharing way and accelerates information transmission and utilization as well as makes the interests of the copyright owner in a state of extremely fragile. The emergence of cloud computing has brought challenges for copyright protection,it also broke the original copyright tripartite legal system,we need to take changes in legal standards which contain copyright infringement liability recognition and responsibility standard.In this paper, starting from the Internet copyright infringement studies and dedicated to exploring cloud computing service providers identify the problem of copyright infringement liability.Technical characteristics of cloud computing as the first part,this part grasp the impact of cloud computing on research in the field of copyright infringement it provides legitimacy support for copyright infringement study in cloudy environment.The second part affirmed the cloud computing environment for copyright infringement can study architecture based on traditional network service providers and copyright research on evolution; at the same time, cloud integrated service provider and service provider role behavior mixing requirements of accountability must be based on precise legal status of qualitative and responsibilities Types.The third part is the focus of the article, it according to the civil law of tort liability Elements analysis make analysis to the behavior and fault of the cloudy service provide,it not only clarify the operation of a series of traditional works of controversial behavior, but also qualitatively cloud new works created by the use of the behavior of service providers, and discussed fault identified systematically in the cloud environments.The forth part make evaluate and analyse to Baidu and major video sites,it deduces more complex and difficult to qualitative form of infringement of cloud service provider based on cloud technology in future.The fifth part make adjust to the current legal system under the cloudy environment, it improve the relevant legislation from the microcosmic and also abundant the exclusive rights of copyright system in the macroscopic,update the basic idea of copyright protection.This study based traditional network copyright infringement theory,throughout the Anglo-American direct infringement and indirect infringement theory,build copyright infringement recognized standards and liability rules under cloudy environments in the framework of civil responsibility identified. This paper built on traditional network copyright law application and puts forward perfect suggestions combining with the characteristics of new technology to make it fully cope with the rights protection and dispute resolution in the development of cloud computing and also accommodate more new technology development in the future with enough elastic.
Keywords/Search Tags:Cloud computing, Cloud computing service provider, Liability for Internet copyright infringement, The case of Baidu Video
PDF Full Text Request
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